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Digital Transparency Task Force Report and Recommendations

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Digital Transparency Task Force Report and Recommendations FAIR POLITICAL PRACTICES COMMISSION DIGITAL TRANSPARENCY TASK FORCE 2021 INTRODUCTION FROM THE CHAIR In the fall of 2019, the California Fair Political Practices Commission authorized the creation of a task force to examine issues surrounding the ever-growing and ever-changing nature and practice of digital political advertising. Abundant documentation shows what was once a novelty is now not only a widespread and common practice, but a continually growing norm of political communication. The rise in this practice of digital political discourse raises questions regarding the adequacy of the current transparency of the sources of these communications. A common and constant refrain from many in the political world is the law generally does not keep up with reality in the realm of political practices. The creation of the FPPC’s Digital Transparency Task Force (“DTTF”) was designed to bridge that gap – to gather information and bring together ideas to help create and modify regulations and laws to align them with the reality of the breadth and sophistication of digital political advertising. In compiling the makeup of the DTTF, the Commission was mindful of the scope of voices involved and the need for all to be heard. Thus, the DTTF specifically sought and embraced a wide variety of viewpoints. Members include representation from the digital platforms themselves, political scientists and academics who study the phenomenon and its effects on our political landscape, the very political practitioners currently using digital technology in their advertising and outreach, as well as groups devoted to transparency and general ‘good government’ practices. Along with the varied makeup of the DTTF itself, the subsequent public meetings included an even wider variety of voices, providing information, answering questions, offering examples of regulation and practices in a variety of other state and local jurisdictions, as well as providing advice and potential solutions to vexing questions posed by the DTTF. The following report provides not only the ideas recommended by the DTTF but also the rationale and justification for the proposals. The DTTF worked diligently to find ideas and solutions that not only provide more transparency for the public and accountability of the political practitioners, but to also avoid additional barriers or overly burdensome requirements on those facing any new laws or regulations. The global pandemic delayed but did not stop the DTTF from completing its task. On behalf of the Commission, I want to thank all members of the DTTF for their time, effort and engagement in formulating these recommendations, as well as the persons and groups who provided testimony and information to the DTTF. The Commission would also like to thank the numerous FPPC staff who helped guide and support the DTTF in its work. Fair Political Practices Commission Digital Transparency Task Force – Report and Recommendations 2 | Page The DTTF respectfully submits this report for consideration by the Commission, and ultimately, the Legislature and the Governor, with the belief that the recommendations contained herein should be implemented to improve transparency in digital political advertising. Richard C. Miadich Chair, California Fair Political Practices Commission Fair Political Practices Commission Digital Transparency Task Force – Report and Recommendations 3 | Page COMMISSION MEMBERSHIP Richard C. Miadich, Chair, Fair Political Practices Commission Brian Brokaw, Principal, Brian Brokaw Consulting LLC Rena Davis, Government Affairs and Public Policy, Google Thad Kousser, Department Chair, Professor of Political Science, UC San Diego Amber Maltbie, Partner, Nossaman LLP Jennifer Waggoner, Volunteer, League of Women Voters of California, voting member Abby Wood, Professor of Law, Political Science and Public Policy, University of Southern California, Commissioner, Fair Political Practices Commission Katie Zoglin, Volunteer, League of Women Voters of California, non-voting member Fair Political Practices Commission Digital Transparency Task Force – Report and Recommendations 4 | Page ACKNOWLEDGEMENTS Allison Hayward, FPPC Commissioner, Task Force Member until August 2020 James Schwab, Chief Deputy Secretary of State, Task Force Member until January 2021 Gale Kaufman, President, Kaufman Campaign Consultants, Task Force Member until April 2021 Speakers - Russell Lehman, Commissioner, Washington Public Disclosure Commission Fred Jarrett, Commissioner Washington Public Disclosure Commission Sean Flynn, General Counsel, Washington Public Disclosure Commission Kim Bradford, Communications, Washington Public Disclosure Commission Brendan Fischer, Campaign Legal Center Tyler Joseph, Director of Policy, City of Los Angeles Ethics Commission Timothy Grant, IT Director, City of Los Angeles Ethics Commission Matthew Sollars, Director of Public Relations, New York City Campaign Finance Board Libby Hall, Vice President of Client Services, Unearth Campaigns Mona Pasquil Rogers, California Public Policy, Facebook Cristina Flores, U.S. Politics & Government Outreach, Facebook Sarah Schiff, Product Manager, Facebook Trent Lange, President, California Clean Money Campaign Alea Mitchell, Associate Product Counsel, Google Angelika Dorvel, Manager, Government Affairs & Public Policy, Google Ronald M. Jacobs, Chair, Political Law Practice, Venable LLP Michael A. Signorelli, Partner, Venable LLP Jared DeMarinis, Director, Candidacy & Campaign Finance Division, Maryland State Board of Elections Whitney Quesenbery, Executive Director, Center for Civic Design Fair Political Practices Commission Digital Transparency Task Force – Report and Recommendations 5 | Page Fair Political Practices Commission Staff - Galena West, Executive Director Erika Boyd, Senior Commission Counsel Sasha Linker, Commission Assistant Jay Wierenga, Communications Director Lindsey Nakano, Legislative Counsel Katelyn Greene, Commission Counsel Loressa Hon, Chief of Administration Larry Crabtree, Chief Information Officer Jesse Hidalgo, Information Technology Specialist Sukhi Brar, Assistant General Counsel Christopher Burton, Assistant Chief of Enforcement Megan Van Arsdale, Commission Counsel Paul Rasey, Special Investigator Fair Political Practices Commission Digital Transparency Task Force – Report and Recommendations 6 | Page TABLE OF CONTENTS INTRODUCTION FROM THE CHAIR .............................................................................................. 2 COMMISSION MEMBERSHIP ....................................................................................................... 4 ACKNOWLEDGEMENTS ............................................................................................................... 5 TABLE OF CONTENTS....................................................................................................................... 7 1. EXECUTIVE SUMMARY ................................................................................................................ 9 2. RECOMMENDATIONS ............................................................................................................... 15 Recommendation 1. Creation of a state-run archive for digital political advertisements. ...... 15 Recommendation 2. Contents of the Archive. .......................................................................... 16 Recommendation 3. Request Digital Disclosure Research ....................................................... 20 3. WORK OF THE DTTF .................................................................................................................. 22 Presentations made to the DTTF............................................................................................... 22 Fair Political Practices Commission Staff ............................................................................... 22 Washington State Public Disclosure Commission ................................................................. 22 Campaign Legal Center .......................................................................................................... 23 City of Los Angeles ................................................................................................................. 23 James Schwab presentation on SB 1104 ............................................................................... 24 New York City Ad Archive ...................................................................................................... 24 Unearth Campaigns ............................................................................................................... 25 Google .................................................................................................................................... 25 Facebook ................................................................................................................................ 26 California Clean Money Campaign ........................................................................................ 26 Venable LLP ............................................................................................................................ 27 Maryland State Board of Elections ........................................................................................ 28 Center for Civic Design .......................................................................................................... 28 Fair Political Practices Commission Digital Transparency Task Force – Report and Recommendations 7 | Page
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